Bartow Teen Won't Face Criminal Charges for Chemical Explosion

Kiera Wilmot must complete diversion program, however

Published: Wednesday, May 15, 2013 at 4:13 p.m.

Last Modified: Thursday, May 16, 2013 at 1:12 a.m.

BARTOW | Prosecutors announced Wednesday they won't file criminal charges against a 16-year-old Bartow High School student who was arrested last month on allegations she ignited a chemical explosion at school, but she must complete a series of requirements outlined in a diversion program agree-ment.

If Kiera Wilmot doesn't do that, the state may pursue criminal charges against her. Whether she will be expelled has not been determined.

The State Attorney's Office released this statement Wednesday afternoon:

"Based upon the facts and circumstances of the case, the lack of criminal history of the child involved, and the action taken by the Polk County School Board, the State Attorney's Office extended an offer of diversion of prosecution to the child. The child and her guardian signed the agreement to successfully complete the Department of Juvenile Justice Diversion Program.

"The pending case has been dismissed."

Since Wilmot is a juvenile, the terms of the diversion agreement are withheld, but State Attorney Jerry Hill said they reflect the conditions included in similar cases involving juveniles.

"In a standard case, it might be appropriate to ask for a mental review and community service hours," he said. "All of these things are like a form of probation, and they must be completed."

Hill said his office wasn't willing to drop the charges completely, allowing Wilmot to walk away without penalty for her actions.

Wilmot's arrest triggered a firestorm on social media websites, with commentators worldwide demanding that the case against her be dropped. As of Wednesday, a petition on change.org totaled nearly 200,000 signatures supporting her.

Hill said his office wasn't swayed by the public outcry.

"We handled this case like we would any other case with the same circumstances," he said. "We don't handle our cases by popular vote."

Larry Hardaway, a Lakeland lawyer representing Wilmot, said Wednesday he was pleased that he and prosecutors were able to reach an agreement.

"We have worked continuously for the past 18 days to resolve the criminal prosecution and the possibility of expulsion from her school," Hardaway said in a prepared statement. "We now turn all of our attention to the issues affecting her education and schooling."

In an interview Wednesday, Hardaway said the conditions outlined in the diversion agreement are reasonable.

"I am without doubt that she will complete all of the conditions of the agreement," he said.

The Polk County School Board is addressing Wilmot's case separately from the criminal prosecution.

She was suspended for 10 days, but further action against her has been on hold until the criminal case was resolved.

"The Polk County School District will take the State Attorney's decision into consideration in determining what, if any, further disciplinary action is appropriate," Leah Lauderdale, spokeswoman for the school district, said Wednesday.

Wilmot, who had a clean disciplinary record at the high school until this incident, told authorities she was conducting a science experiment the morning of April 22 when she combined toilet bowl cleaner and aluminum foil in a capped plastic water bottle behind the school's cafeteria. The resulting gas caused the plastic bottle to expand and the cap to blow off. Principal Ron Pritchard, who was standing nearby but didn't see what the girl was doing, said he thought it was a firecracker when he heard the explosion.

The school's science teachers said they had no knowledge of the experiment, Pritchard said, and he said he wouldn't have authorized it.

He said he called in Bartow Police officers, who arrested Wilmot on two felonies after conferring with prosecutors.

Wilmot, who was arrested as a juvenile, was taken to the Polk County Juvenile Assessment Center and released later that day.

School officials suspended her for 10 days and recommended that she be expelled for a year, which is mandated by the school district's code of conduct, according to Wes Bridges, the district's general counsel.

The recommendation for expulsion was put on hold while the State Attorney's Office decided how to proceed with the criminal case, Hardaway said. In the meantime, Wilmot returned to school May 6 and has been attending classes at Bill Duncan Opportunity Center for at-risk students.

Pritchard said Tuesday a hearing officer with the School Board is expected to address her case.

Hardaway has instructed Wilmot and her mother not to discuss the case publicly.

[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. ]

<p>BARTOW | Prosecutors announced Wednesday they won't file criminal charges against a 16-year-old Bartow High School student who was arrested last month on allegations she ignited a chemical explosion at school, but she must complete a series of requirements outlined in a diversion program agree-ment.</p><p>If Kiera Wilmot doesn't do that, the state may pursue criminal charges against her. Whether she will be expelled has not been determined.</p><p>The State Attorney's Office released this statement Wednesday afternoon:</p><p>"Based upon the facts and circumstances of the case, the lack of criminal history of the child involved, and the action taken by the Polk County School Board, the State Attorney's Office extended an offer of diversion of prosecution to the child. The child and her guardian signed the agreement to successfully complete the Department of Juvenile Justice Diversion Program.</p><p>"The pending case has been dismissed."</p><p>Since Wilmot is a juvenile, the terms of the diversion agreement are withheld, but State Attorney Jerry Hill said they reflect the conditions included in similar cases involving juveniles.</p><p>"In a standard case, it might be appropriate to ask for a mental review and community service hours," he said. "All of these things are like a form of probation, and they must be completed." </p><p>Hill said his office wasn't willing to drop the charges completely, allowing Wilmot to walk away without penalty for her actions.</p><p>Wilmot's arrest triggered a firestorm on social media websites, with commentators worldwide demanding that the case against her be dropped. As of Wednesday, a petition on change.org totaled nearly 200,000 signatures supporting her. </p><p>Hill said his office wasn't swayed by the public outcry.</p><p>"We handled this case like we would any other case with the same circumstances," he said. "We don't handle our cases by popular vote." </p><p>Larry Hardaway, a Lakeland lawyer representing Wilmot, said Wednesday he was pleased that he and prosecutors were able to reach an agreement.</p><p>"We have worked continuously for the past 18 days to resolve the criminal prosecution and the possibility of expulsion from her school," Hardaway said in a prepared statement. "We now turn all of our attention to the issues affecting her education and schooling."</p><p>In an interview Wednesday, Hardaway said the conditions outlined in the diversion agreement are reasonable.</p><p>"I am without doubt that she will complete all of the conditions of the agreement," he said. </p><p>The Polk County School Board is addressing Wilmot's case separately from the criminal prosecution. </p><p>She was suspended for 10 days, but further action against her has been on hold until the criminal case was resolved. </p><p>"The Polk County School District will take the State Attorney's decision into consideration in determining what, if any, further disciplinary action is appropriate," Leah Lauderdale, spokeswoman for the school district, said Wednesday. </p><p>Wilmot, who had a clean disciplinary record at the high school until this incident, told authorities she was conducting a science experiment the morning of April 22 when she combined toilet bowl cleaner and aluminum foil in a capped plastic water bottle behind the school's cafeteria. The resulting gas caused the plastic bottle to expand and the cap to blow off. Principal Ron Pritchard, who was standing nearby but didn't see what the girl was doing, said he thought it was a firecracker when he heard the explosion.</p><p>The school's science teachers said they had no knowledge of the experiment, Pritchard said, and he said he wouldn't have authorized it. </p><p>He said he called in Bartow Police officers, who arrested Wilmot on two felonies after conferring with prosecutors. </p><p>Wilmot, who was arrested as a juvenile, was taken to the Polk County Juvenile Assessment Center and released later that day.</p><p>School officials suspended her for 10 days and recommended that she be expelled for a year, which is mandated by the school district's code of conduct, according to Wes Bridges, the district's general counsel. </p><p>The recommendation for expulsion was put on hold while the State Attorney's Office decided how to proceed with the criminal case, Hardaway said. In the meantime, Wilmot returned to school May 6 and has been attending classes at Bill Duncan Opportunity Center for at-risk students.</p><p>Pritchard said Tuesday a hearing officer with the School Board is expected to address her case.</p><p>Hardaway has instructed Wilmot and her mother not to discuss the case publicly. </p><p>[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. ]</p>